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Legal Notice
CITY OF SALEM 111
BOARD OF APPEAL
will hold a public hearing for all
persons interested in the petition subl
mitted by EILEEN GIBNEY request-,
ing Variances from density and side
setback to allow construction of an
addition to the rear of the house for
the property located at 36 BALCOMB
STREET(R-2).Said hearing to be held
WEDNESDAY, SEPTEMBER 19,J
2001, at 6:00 P.M., 120 WASHING-
TON STREET,third floor.
Nina Cohen,Chairman
(9/5,12)
�I
.(itg Of SaIem, 2ISSMCIj t SSALEM. MA
�Aaara of ( p"Cal CLERKS OFFICE
1001 SEP 28 A11* 43
DECISION OF THE PETITION OF EILEEN GIBNEY REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 36 BALCOMB STREET R-2
A hearing on this petition was held September 19, 2001 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Stephen Harris and Nicholas
Helides. Notice of the hearing was sent to abutters and others and notices of the hearing
were properly published in the Salem Evening News in accordance with Massachusetts
General Laws Chapter 40A.
The petitioner is requesting a Variance for relief from side setback and density
requirements to construct an addition in the rear of the property located at 36 Balcomb
Street in an R-2 zone.
The Variances, which have been requested, may be granted upon a finding by this
Board that:
a. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings and
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
c. Desirable relief may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent of the district of the
purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1. Petitioner is requesting variances for relief from side setback and density
requirements. Requested relied is side yard setback of 2 feet and required is 10
feet, lot coverage of 36%, required is 35%.
2. The petitioner's property is an existing nonconforming lot in an R-2 zone and the
proposed addition and deck would exceed the maximum amount of lot coverage
allowable according to the Salem Zoning Ordinance.
3. The left side setback of the existing structure is currently 2" plus or minus. The
proposed addition will continue the 2 ft. setback for another
4. Allowing the petition would not harm or detrimental to the neighborhood.
5. The petition had no neighborhood opposition.
1' DECISION OF THE PETITION OF EILEEN GIBNEY REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 36 BALCOMB STREET R-2
page two
6. Two letters were submitted in favor of the proposed addition.
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning Board of Appeal concludes as follows
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to the public good and
Without nullifying or substantially derogating from the intent of the district or the
purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 4-0, to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statures, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
construction.
6. A Certificate of Occupancy is to be obtained.
Variance GrantedcS Cr J
September 19, 2001
Stephen Harris
Board of Appeal
t
DECISION OF THE PETITION OF EILEEN GIBNEY REQUESTING A VARIANCE FOR
PROPERTY LOCATED 36 BALCOMB STREET R-2
page three
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of the
Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the
date of filing of this decision in the office of the City Clerk. Pursuant to
Massachusetts General Laws Chapter 40A, Section 11. The Variance or Special
Permit granted herein shall not take effect until a copy of the decision bearing the
certificate of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such appeal has been filed, that is has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
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CITY OF SALEM. MA �oNn1 �CITY OF SALEM MASSACHUSETTS
T
CLERK'S OFFICE 5w��' � BOARD OF APPEAL
2001 AUG 28 P 2: 3b > '.
TO THE BOARD OF APPEAL:
he ersi ned represey(that they are the owner(s) of a certain parcel of batt lyGated at:
2 7 T r Street, Zoning.District K �(
and said parcel is affected by Section(s) of the Massachusetts State Building Code.
Plans describing the work proposed have been submitted to the Inspector of Buildings in accordance with Section IX
A.1 of the Zoning Ordinance.
�✓ v
The Application for Permit was denied by the Inspector of Buildings for the following reason(s):
The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Zoning Ordinance and/or the
Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the
enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to
the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the
Zoning Ordinance and Building Code for the following reasons:
(PLEASE PRINT) I
Owner: Petitioner:
Address: 3& 6/9/C o M S I Address:
Tel. No. 3 3 Tel. No.
By:
(Sign re)
Date:
This original application must be filed with the City Clerk. A certified copy of this petition will be returned to
petitioner at the time of filing with the City Clerk, to then be filed with the Secretary of the Board of Appeal , four
weeks prior to the meeting of the Board of Appeal, along with a check for advertising in the amount of
$ made payable to the "Salem Evening News".
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CITY CLERK
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REC. BK. 7550 P6. 2G5 L N PREPARED FOR
PLAN ; Pec. SK, 1111 - END A}CsFssoles J No.3DG43 E)LEEN G,ANCY
MAP I CERTIFY THAT THE BUILDING(S) 1 9O` RFS/ST-0- 'c SCALE I - 20' NOVEMBER
HEREON ARE LOCATED ON THE GROUND ssNL 10'3 °� 2; Woo
AS SHOWN. NORTH SHORE SURVEY COApORATION
47 LINDEN STREET- SALEM,MA.
'REG. PROFESSIONAL LAND SLIFI lus